An order of protection is a legal document to protect an individual from any harm, abuse or harassment. In addition to protecting individuals from physical or emotional abuse, an order of protection may also help protect people from cybercrimes. This blog will highlight some of the things you should know about orders of protection in the US and why they are needed.
What is an Order of Protection?
An order of protection for a specific individual can be issued by a court to ensure the protection of an individual, their family as well as their wealth and property. It may also include orders to a specific individual to stop harassing or threatening another person, either physically or through other means.
When Can an Order of Protection Be Issued?
Although each state has its own laws regarding when a court order can be issued, there are some laws that apply across the country. The first thing one must do is file a petition with the court which will be reviewed by a judge to determine if it is necessary to issue an order of protection or not.
In some cases, the individual seeking protection might also have to appear in the court and present some evidence or witnesses to prove that their life or property is under threat. If the orders of protection are released, the law enforcement and security agencies might be given instructions to ensure the protection of the concerned individual, their family and property.
How Long Does an Order of Protection Last?
The duration for which a court order is valid varies from state to state. In New York State, for example, a family court can issue an order of protection for up to three to five years but can be extended annually if the judge deems it necessary. Also, when one party requests it, there must be a review and hearing to analyze the case.
In most states, orders of protection are more or less the same as restraining orders. The court strictly instructs the abuser to stay away from the victim. It’s ensured that the abuser isn’t able to contact or threaten the victim by any means.
What are the Sanctions if the Order of Protection is Violated?
The laws regarding sanctions for violating an order of protection vary by jurisdiction. In New York, for example, a person who violates an order of protection or injunction may be held in contempt for which they can be fined and/or ordered to serve a term of imprisonment. The extent of punishment depends on the nature of the violation as well.
Getting protection orders can be complicated task. However, hiring a law firm or professional process server agency in New York can make things easier. At Elite Legal Services of NYC Inc , we can help you get your legal matters resolved. We are a same-day process serving agency based in Whitestone, New York. Currently, we are operational in New York’s five boroughs from Queens, to Brooklyn, to The Bronx. You can contact us for all your process service needs.